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H.B. 146
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SPECIAL EDUCATION AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Kory M. Holdaway
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AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING SPECIAL EDUCATION
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DEFINITIONS AND RULES TO BE ADOPTED BY THE STATE BOARD OF EDUCATION;
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MODIFYING PROVISIONS REGARDING PARTICIPATION OF STUDENTS WITH A
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DISABILITY IN EXTRACURRICULAR ACTIVITIES; MODIFYING THE PROCESS BY
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WHICH DISPUTES ARE RESOLVED OVER EDUCATIONAL PROGRAMS AND RIGHTS
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AND RESPONSIBILITIES OF STUDENTS WITH DISABILITIES, THEIR PARENTS, AND
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THE PUBLIC SCHOOLS; AND PROVIDING A REPEALER.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-15-301, as last amended by Chapter 53, Laws of Utah 1992
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53A-15-303.5, as last amended by Chapter 53, Laws of Utah 1992
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53A-15-305, as enacted by Chapter 238, Laws of Utah 1997
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REPEALS:
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53A-15-303.7, as enacted by Chapter 121, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-15-301
is amended to read:
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53A-15-301. Education programs for students with disabilities -- Supervision by the
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State Board of Education -- Enforcement.
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(1) (a) All students with disabilities, who are between the ages of three and 22 and have
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not graduated from high school with a regular diploma, are entitled to a free, appropriate public
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education.
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(b) The State Board of Education shall adopt rules consistent with applicable state and
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federal law to implement this chapter.
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(2) The rules adopted by the state board shall include the following:
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(a) appropriate and timely identification of students with disabilities;
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(b) diagnosis, evaluation, and classification by [competent] qualified personnel;
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(c) standards for classes and services;
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(d) provision for multidistrict programs;
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(e) provision for [out-of-district placement if necessary] delivery of service
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responsibilities;
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(f) certification and qualifications for instructional staff; and
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(g) [qualification standards for aides and instructional assistants] services for dual
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enrollment students attending public school on a part-time basis under Section
53A-11-102.5
.
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(3) (a) The state board shall have general control and supervision over all educational
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programs for students within the state who have disabilities.
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(b) Those programs must comply with rules adopted by the state board under this section.
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(4) The state superintendent of public instruction shall enforce this chapter.
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Section 2.
Section
53A-15-303.5
is amended to read:
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53A-15-303.5. Participation of students with a disability in extracurricular activities.
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(1) A student with a disability may not be denied the opportunity of participating in public
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school programs or extracurricular activities solely because of the student's age, unless the
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participation threatens the health or safety of the student.
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(2) The school district in cooperation with the Utah Department of Health shall establish
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criteria used to determine the health and safety factor.
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(3) Subsection (1) applies to a student who:
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(a) has not graduated from high school with a regular diploma; and [who]
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(b) is under the age of 20, if participation is recommended by the student's individualized
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education program team.
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Section 3.
Section
53A-15-305
is amended to read:
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53A-15-305. Resolution of disputes in special education -- Hearing request --
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Timelines -- Levels -- Appeal process -- Recovery of costs.
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(1) The Legislature finds that it is in the best interest of students with disabilities to
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provide for a prompt and fair final resolution of disputes which may arise over educational
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programs and rights and responsibilities of students with disabilities, their parents, and the public
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schools.
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(2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
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20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards
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for students with disabilities and their parents or guardians as to the provision of free, appropriate
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public education to those students.
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(3) The timelines established [in this section are intended to ensure that] by the board shall
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provide adequate time [is given] to address and resolve disputes without unnecessarily disrupting
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or delaying the provision of free, appropriate public education for students with disabilities.
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(4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under
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this section shall make a good faith effort to resolve the dispute informally at the school building
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level.
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(5) (a) If the dispute is not resolved under Subsection (4), [the moving] a party [in the
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dispute concerning the rights of a special education student under state or federal law shall submit
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a written request for a hearing to the superintendent of the school district which is responsible for
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providing the special education services] may request a due process hearing.
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(b) The hearing shall be conducted under rules adopted by the board in accordance with
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20 U.S.C. Section 1415.
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[(6) (a) Within 45 days after receipt of the written request, the school district shall provide
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for a first level hearing and issuance of a written decision to the parties, together with a notice of
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rights of appeal, unless the hearing authority grants a time extension for good cause shown.]
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[(b) The State Board of Education shall adopt minimum standards for information to be
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included in the notice of appeal.]
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[(7) (a) A party to a first level hearing may appeal the decision to the State Office of
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Education by submitting a written request for review of the hearing to the Coordinator of Special
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Education in the State Office of Education within 30 days after issuance of the decision.]
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[(b) The coordinator shall provide for review of the first level hearing record by a panel
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of three hearing officers chosen jointly by the student's parents and the district superintendent.]
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[(c) The panel shall hold a hearing and issue a written decision to the parties within 30
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days after receipt of the written request for review, unless the panel grants an extension for good
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cause shown.]
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[(8)] (6) (a) A party to the [dispute] hearing may appeal the decision issued under
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Subsection [(7)(c)] (5) to a court of competent jurisdiction under 20 U.S.C. Section 1415(e).
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(b) The party must file the judicial appeal within 30 days after issuance of the [review
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panel's] due process hearing decision.
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[(9)] (7) If the parties fail to reach agreement on payment of attorney fees, then a party
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seeking recovery of attorney fees under 20 U.S.C. Section 1415(e) for a special education
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administrative action shall file a court action within 30 days after issuance of a decision under
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Subsection [(6) or within 30 days after a decision under Subsection (7), whichever is later] (5).
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Section 4. Repealer.
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This act repeals:
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Section 53A-15-303.7, Unique arts for students with disabilities pilot program.
Legislative Review Note
as of 1-27-00 7:58 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.